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Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....y non‑speaking one and such an order is never countenanced by law. 4. Appointment of the receiver is not a matter of causal exercise of power by the Court. The Court can appoint a receiver for a disputed property only when the conditions laid down in Order XL of the Code of Civil Procedure are ..Category: Civil Law | Date: | Hits: 89
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....he case of Nagina Silk Mill Vs. Income Tax Officer and others, 15 DLR (SC)181 and Begum Lutfunnessa Vs. Bangladesh, 1990 BLD (AD) 103 = 42 DLR (AD) 86 were cited. 15. The facts do not appear to be disputed. On 25‑4‑2000 the petitioner as plaintiff presented a plaint along with the copies of d..Category: Others | Date: | Hits: 185
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
....ced as documentary evidence for consideration by the trial Court. It further observed that whether the notice was a demand notice or not as contemplated under section 138 (1) (b) of the Act is also a disputed question of fact which could not be decided by the High Court Division while exercising jur..Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....it is liable to be dismissed. The suit is also barred by section 42 of the Specific Relief Act and also barred by Order VII rule 11 (d) of the Code of Civil Procedure. Defendant No.1 did not make the disputed gifts in accordance with the deed of lease and, as such, both the oral gifts do not have an..Category: Property Law | Date: | Hits: 81
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....er dated 31-1-1987 passed in Miscellaneous Case No.597 of 1974 by the Assistant Judge, Additional Court, Kushtia to the effect that appellant No.1 will not get the cost of removing his house from the disputed land. 2. The opposite party No.1 filed an application under section 96 of the State Acqu..Category: Property Law | Date: | Hits: 70
Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)
....te, 1st Class, Zone-3, Mymensingh, who by the order dated 8-7-95 converted the proceeding into a proceeding under section 145 of the Code of Criminal Procedure, appointed a receiver in respect of the disputed land and prevented the parties to enter into the disputed land. 3. Mr. Omar Ali Khan, le..Category: Property Law | Date: | Hits: 75
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....adopted without quorum of 2/3rd majority, that the signatures of the members of the Bar as shown in the Resolution Book are false and forged, etc. The Appellate Court below gave its above findings on disputed and controversial issues involved in the suit pending hearing, on the affidavits filed by s..Category: Civil Law | Date: | Hits: 74
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ubordinate Judge decreed the suit in part for Taka 2,43,505 only with interest at Bank rate till realisation. 10. Mr. Md Abdus Samad, the learned Advocate for the appellant, submits that it is not disputed that the plaintiff did extra work beyond the tender for which the plaintiff was entitled to..Category: Civil Law | Date: | Hits: 99
Babul Vs. State, 2002, 31 CLC (HCD)
....onstitute offence there must be mens rea or guilty knowledge. Existence of mens rea or guilty knowledge is the sine quan non for offence for possessing weapon of crime. 35. It can, thus, hardly be disputed that in order to award and sustain conviction for offence under sections 19(f) and 19(a) of..Category: Criminal Law | Date: | Hits: 84
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....cation once rejected, the trial Court rightly rejected the subsequent application as the earlier order was not challenged in any higher forum. Further contention of the opposite parties are that, the disputed solenama and decree being more than 30 years cannot be put under challenge at this belated ..Category: Civil Law | Date: | Hits: 75
Category: Fiscal/Taxation Law | Date: | Hits: 138
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
...., the Additional Deputy Commissioner (Revenue), Mymensingh, on behalf of Deputy Commissioner by a Memo dated 8‑7‑2001 directed respondent No. 4 to cancel the lease, if any, in connection with the disputed properties and to take necessary steps as per the judgment of the Appellate Division. 6...Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....had no cause of action and also no chance to succeed in the suit, learned Subordinate Judge committed no error in rejecting the plaint of such suit. We have perused the record. 7. Facts are not disputed. The plaintiff instituted the suit for a decree of following declarations that, (ক) à¦..Category: Property Law | Date: | Hits: 61
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....the petitioner does not come within the clause, 'without sufficient cause'. He relied upon the Company Law Digest and the Company Law by Shaukat Mahmood and Nadeem Shaukat. 17. Facts which are not disputed are that, the company CA Hamid and Company Limited was incorporated on 20‑6‑69 under th..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....ise. As regards the withdrawal of the rest of the amount, the petitioner claims that he has withdrawn the same as arrear allowance which has been approved by the authority and the court below has not disputed his claim. 6. Sub‑section (1) of section 83 of the Co-Âoperative Society Act, 2001 (A..Category: Criminal Law | Date: | Hits: 89
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....pplication is motivated, frivolous, ill advised and is an abuse of the process of this Court. It is further alleged that the application has been filed with a so called statement of "failure to pay undisputed and admitted claim of the petitioner", which, in fact, is not true. The petition has been m..Category: Employment/Service Law | Date: | Hits: 144
Category: Others | Date: | Hits: 135
Category: Fiscal/Taxation Law | Date: | Hits: 122
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....s liable to be regularized or made permanent by the Biman authority. In that decision it was held, inter alia, in paragraph 10: "10.............................................. It is not disputed that the employees of batch Nos.1-27 of the writ-petitioner's category although were employ..Category: Employment/Service Law | Date: | Hits: 145